(A) Approval of the design for any proposed public improvements to be dedicated must be obtained from the appropriate operating authority prior to approval of a preliminary plan. Before the Commission approves a preliminary plan showing park reservation(s) or land dedicated to any local governmental unit, the Commission shall obtain approval of the reservation or dedication of the land from the participating jurisdiction.
(B) Upon concluding the hearing of a preliminary plan of a major subdivision, the Commission shall state its findings in the matter, and determine the approval, disapproval or conditional approval of the application. The Commission will inform the applicant of its decision and any modifications or conditions upon which approval is contingent. The findings and decision of the Commission will be entered in the official minutes of the meeting. The executive director of the Area Plan Commission will return one copy of the preliminary plan to the applicant along with written notice of approval, conditional approval or disapproval and the reasons therefore within five working days following the public hearing. Approval by the Commission is subject to review by certiorari.
(C) Unless extended, the approval of a preliminary plan shall be effective for a period of three years after the date of approval, at the end of which time final plat approval of the subdivision must have been obtained and certified by the Commission. Any plans not receiving final plat approval within the period of time set forth herein shall be null and void; and the developer shall be required to re-submit a new application for preliminary plan approval, and will be subject to all zoning restrictions and subdivision regulations in effect at the time of re-submission. Upon request of the applicant, the Commission may extend the preliminary plan approval in increments of two years beyond the expiration date without further notice or public hearing.
(Ord. 2006-14, passed 4-3-2006; Ord. 2012-10, passed 7-2-2012)